Copyright Act 1957

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COPYRIGHT ACT, 1957 [S. 13 (ii) if the Chairman was not one of the members who heard the matter, the matter shall be referred to him for his opinion and that opinion shall prevail. (4) The Copyright Boad may authorize any of its members to exercise any of the powers conferred on it by Sec. 74 and any order made or act done in exercise of those powers by the member so authorized shall be deemed to be the order or act, as the case may be, of the Board. (5) No member of the Copyright Board shall take part in any proceedings before the Board in respect of any matter in which he has a personal interest. (6) No act done or proceeding taken by the Copyright Board under this Act shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Board. (7) The Copyright Board shall be deemed to be a civil court for the purposes of Secs. 480 and 482 of the Code of Criminal Procedure, 1898 (5 of 1898), and all proceedings before the Board shall be deemed to be judicial proceedings within the meaning of Secs. 193 and 228 of the Indian Penal Code, 1860 (45 of 1860). CHAPTER III Copyright 13. Works in which copyright subsists.-(1) Subject to the provisions of this section and the other provisions of this Act, copyright shall subsist throughout India in the following classes of works, that is to say, . (a) original literary, dramatic, musical and artistic works ; (6) cinematograph films ; and (C) records. (2) Copyright shall not subsist in any work specified in sub-section (1), other than a work to which the provisions of Sec. 40 or Sec. 41 apply, unless, (i) in the case of a published work, the work is first published in India, or where the work is first published outside India, the author is at the date of such publication, or in a case where the author was dead at that date, was at the time of his death, a citizen of India ; (ii) in the case of an unpublished work other than an architectural work of art, the author is at the date of the making of the work a citizen of India or domiciled in India ; and. (iii) in the case of an architectural work of art, the work is located in India. Explanati on.-In the case of a work of joint authorship, the conditions conferring copyright specified in this sub-section shall be satisfied by all the authors of the work. (3) Copyright shall not subsist . (a) in any cinematograph film if a substantial part of the film is an infringement of the copyright in any other work ; (b) in any record made in respect of a literary, dramatic or musical work, if in making the record, copyright in such work has been in fringed. (4) The copyright in a cinematograph film or a record shall not affect the separate copyright in any work in respect of which or a substantial part of which, the film, or as the case may be, the record is made. 1. Now the Code of Criminal Procedure, 1973 (2 of 1974)